DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to the application filed 12/17/2024. Claims 1-19 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-14, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuda et al. (JP 61068547 A).
Regarding claim 1, Matsuda discloses a method for performing sample analysis under cryogenic conditions, the method comprising: providing an analysis component (test chamber 11 housing test object 5); providing a cryogenic fluid source component (helium refrigerating machine 1) having cryogenic fluid (helium) in a cold state; operably engaging the analysis component and the cryogenic fluid source component (via thermal switch 6; paragraph 1, lines 68-71); preparing a sample (5) for analysis within the analysis component (sample is prepared by evacuating test chamber 9; paragraph 1, lines 73-76); and while maintaining the cryogenic fluid in the cold state, disengaging the cryogenic fluid source component from the analysis component using a thermal connection assembly (6) operably engaged with both the cryogenic fluid source component and the analysis component (see paragraph 1, lines 40-54 and 103-107).
Regarding claim 2, Matsuda discloses the method of claim 1 further comprising maintaining a first pressurized space (8) within the housing of the cryogenic fluid source component, and a second pressurized space (9) within the housing of the analysis component.
Regarding claim 3, Matsuda discloses the method of claim 2 wherein the first (8) and second (9) pressurized spaces are housed separately from one another (via partition 7).
Regarding claim 4, Matsuda discloses the method of claim 2 wherein operably engaging the analysis component and the cryogenic fluid source component comprises maintaining both pressurized spaces (8, 9) under vacuum (paragraph 1, lines 68-75).
Regarding claim 5, Matsuda discloses the method of claim 1 further comprising performing analysis after preparing the sample for analysis (analysis is performed via data cable 12).
Regarding claim 6, Matsuda discloses the method of claim 5 further comprising, after the disengaging, engaging another analysis component (see paragraph 1, lines 40-54, 103-107).
Regarding claim 7, Matsuda discloses the method of claim 1 wherein the cryogenic fluid source and the thermal connection assembly share a housing (10).
Regarding claim 8, Matsuda discloses the method of claim 7 wherein the shared housing (10) is distinct from analysis component housing (11).
Regarding claim 9, Matsuda discloses the method of claim 1 further comprising a shielding the thermal connection assembly from radiation (via partition plate 7).
Regarding claim 10, Matsuda discloses the method of claim 9 further comprising shielding the cryogenic fluid component from radiation (via housing around refrigerator 1 and housing 10 around double stage low temperature section 4).
Regarding claim 11, Matsuda discloses the method of claim 9 further comprising shielding the analysis component from radiation (via housing 11).
Regarding claim 12, Matsuda discloses the method of claim 1 further comprising extending a housing (11) to be shared by the analysis component (component housing sample 5) and the thermal connection assembly (6).
Regarding claim 13, Matsuda discloses the method of claim 12 wherein the shared housing (11) is distinct from cryogenic fluid housing (10).
Regarding claim 14, Matsuda discloses the method of claim 1 further comprising providing a first housing (housing around 1 or housing 10) about the cryogenic fluid source component, and a second housing (11) about the analysis component, wherein the first and second housing are distinct from one another (Fig. 1).
Regarding claim 17, Matsuda discloses the method of claim 1 further comprising providing a cryofluid conduit (conduit with valve 19) extending from the cryofluid source (20) to the thermal connection assembly (6, see paragraph 1, lines 76-81).
Regarding claim 18, Matsuda discloses the method of claim 1 further comprising providing a fluid conduit (13) extending from the thermal connection assembly (6) to a gas handling system (15, 20).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (JP 61068547 A) in view of Doherty et al. (US PG Pub. 2019/0170624).
Regarding claim 15, Matsuda discloses the method of claim 1 but does not explicitly teach further comprising providing a thermally conductive conduit extending from the thermal connection assembly to the analysis component.
Doherty teaches a cryogenic analysis system (paragraph 2) having a thermally conductive conduit (46c, 44c) extending from the thermal connection assembly (42d) to the analysis component ("analysis component" Fig. 4C) that provides the benefits of a significant reduction in time for cool down, reduced instrument footprint and reduced instrument vibration (paragraphs 65-66). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Matsuda to include a thermally conductive conduit extending from the thermal connection assembly to the analysis component in order to reduce time for cool down, reduce instrument footprint and reduce instrument vibration.
Regarding claim 16, Matsuda discloses the method of claim 1 but does not explicitly teach further comprising providing a cryofluid conduit extending from the thermal connection assembly to the analysis component.
Doherty teaches a cryogenic analysis system (paragraph 2) having a cryofluid conduit (46c, 44c) extending from the thermal connection assembly (42d) to the analysis component ("analysis component" Fig. 4C) that provides the benefits of a significant reduction in time for cool down, reduced instrument footprint and reduced instrument vibration (paragraphs 65-66). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Matsuda to include a cryofluid conduit extending from the thermal connection assembly to the analysis component in order to reduce time for cool down, reduce instrument footprint and reduce instrument vibration.
Regarding claim 19, Matsuda discloses the method of claim 1 but does not explicitly teach further comprising providing at least two thermal masses, each thermal mass having a different temperature, wherein each of the thermal masses are in thermal communication with distinct portions of the analysis component having different temperatures.
Doherty teaches a cryogenic analysis system including the step of providing at least two thermal masses, each thermal mass having a different temperature, wherein each of the thermal masses are in thermal communication with distinct portions of the analysis component having different temperatures (paragraph 61) that allow two discrete portions of the analysis component to be maintained at different temperatures allowing for a variable temperature analytical instrument (paragraphs 6-7, 62). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the method of Matsuda to include the step of providing at least two thermal masses, each thermal mass having a different temperature, wherein each of the thermal masses are in thermal communication with distinct portions of the analysis component having different temperatures taught by Doherty in order to provide discrete masses maintained at different temperatures of the analysis component to provide a variable temperature analytical instrument capable of maintaining the analysis component at different temperatures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eckels (US 5,936,499) cryofluid conduits between cryogenic fluid source and analysis component.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH F TRPISOVSKY whose telephone number is (571)270-5296. The examiner can normally be reached M-F: 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH F TRPISOVSKY/Primary Examiner, Art Unit 3763
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